1041, 1053 (S.D.N.Y.1991) (collateral estoppel held inapplicable where default was based on plaintiff's failure to answer interrogatories) Super Star Sneakers v. a default judgment has no collateral estoppel effect.') West Indian Sea Island Cotton v. 2d 1317 (1982) (' default judgment is not a proper basis for collateral estoppel') Matter of McMillan, 579 F.2d 289, 293 (3d Cir.1978) ('The preponderant view is that. See In re Gottheiner, 703 F.2d 1136, 1140 (9th Cir.1983) ('The defaulting party will certainly lose that lawsuit, but the default judgment is not given collateral estoppel effect') Grip-Pak, Inc. The majority view is that collateral estoppel based on default judgments is undesirable. In addition, courts have generally held a default to be willful when a lawyer neglects a case for an extended period of time. Heckler, 728 F.2d 151, 156 (2nd Cir.1984) (default held willful where defendant's attorney, without explanation, failed to inform the court about a stipulation extending defendant's time to respond). Courts have also held a default to be willful when a defendant knew about the complaint and failed to respond. 2d 425 (1992) (defendant admitted deliberately choosing not to appear in action). Commercial Bank, 15 F.3d at 244 (defendant purposely evaded service) Action S.A.
For example, a default will be held willful if the party caused it intentionally. In general, on a motion to set aside a default judgment, the defaulting party must come forward with some explanation *855 for the default.
2d 233 (1993) (disapproving vacatur of decision from which appeal had been taken). Trinity Capital Enterprise Corp., 30 F.3d 14, 17 (2d Cir.1994) (declining to vacate judgment when the lower court ruling had already been subjected to appellate scrutiny) Manufacturers Hanover Trust Co. City of New Haven, 41 F.3d 62, 67 (2d Cir.1994) (explaining that a party should be exempt from the adverse res judicata effects of a district court judgment only when it is denied the benefit of appellate review through no fault of its own) Bragger v. See Associated General Contractors of Connecticut, Inc. In subsequent decisions, courts in the Second Circuit followed Bancorp by treating mootness through happenstance differently from mootness resulting from voluntary acts of the parties. 2d 233 (1994) (distinguishing cases mooted 'through happenstance' from 'mootness by reason of settlement' and disapproving vacatur based on the latter). Last term, the Supreme Court held that even where a judgment under review becomes moot due to a settlement agreement, the appellate court retains jurisdiction to grant or to withhold vacatur. MAYBELLINE CO., a DIVISION OF SCHERING PLOUGH, INC., Paris Presents, Inc., a division of Allied of Chicago, Inc., Noxell Corporation, Bonne-Bell, Inc., Almay Inc., a wholly owned subsidiary of Revlon Corp., Max Factor, Coty Division of Pfizer Inc., Pavion Ltd., Cosmetics & Chemical Manufacturers, Inc., Cosmair, Inc., Chesebrough Ponds, Inc., Dell Laboratories, Inc., Estee Lauder, Inc., Posner Labs, Inc., and Zalan Products Inc., Defendants. I don’t even know how long ago that is but I recall the first time I opened the program and how much I was just blown away by the visuals you can create with it.ĪRTMATIC USA COSMETICS, a DIVISION OF the ARTHUR MATNEY CO., INC.
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